The Road Traffic (Special Parking Area) (Royal Borough of Kensington and Chelsea) Order 1994

• Citation: S.I. 1994/1498
• Sections: 113

Section 1 Citation and commencement

This Order may be cited as the Road Traffic (Special Parking Area) (Royal Borough of Kensington and Chelsea) Order 1994 and shall come into force on 4th July 1994.

Section 2 Interpretation

In this Order—

“the 1984 Act ” means the Road Traffic Regulation Act 1984 ;

“the 1991 Act ” means the Road Traffic Act 1991;

a reference in the Schedule to a number followed by the letter “m” is a reference to that number of metres; and

where a road referred to in the Schedule to this Order (“the main road”) is joined by another road (“the side road”), whether or not that other road is referred to in the Schedule, and the footway to the main road runs on either side of the mouth of the side road, the junction between the two roads shall be taken to be an imaginary line drawn across the mouth of the side road between the respective ends of the back line of the footway to the main road on each side.

Section 3 Designation of special parking area

(1) The Secretary of State hereby designates the Royal borough of Kensington and Chelsea except—

(a) the roads named or described in the Schedule to this Order; and

(b) so much of Kensington Gardens as lies within the Royal borough of Kensington and Chelsea,

as a special parking area.

(2) A reference in the following provisions of this Order to the special parking area is a reference to the area designated by this article.

Section 4 Modification of the Road Traffic Regulation Act 1984

(1) Section 55 of the 1984 Act (financial provisions relating to designation orders) shall have effect in relation to the Royal borough of Kensington and Chelsea as if—

(a) at the end of subsection (1) there were inserted the words “and of the income from additional parking charges (within the meaning of section 74(8) of the Road Traffic Act 1991) received by them in respect of vehicles found within the special parking area and the expenditure incurred by them in the discharge of functions exercisable by them in relation to the special parking area by virtue of Part II of the Road Traffic Act 1991”; and

(b) after subsection (1) there were inserted the following subsection:—

(1A) In subsection (1) above, references to “the special parking area” are to the area designated as a special parking area by the Road Traffic (Special Parking Area) (Royal Borough of Kensington and Chelsea) Order 1994.

(2) Section 102(2) of the 1984 Act (charges for removal, storage and disposal of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, in paragraph (d), for the words “a parking place” to the end there were substituted—

(i) a parking place designated under section 6, 9 or 45 of this Act or otherwise provided or controlled by that authority, or

(ii) a place where the vehicle was stationary in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of the Road Traffic Act 1991,

as they may require.

Section 5 Modification of the Road Traffic Act 1991

(1) Section 70 of the 1991 Act (exemptions from provisions relating to the immobilisation of vehicles in parking places) shall have effect in relation to a vehicle found in the special parking area as if, in subsections (1) and (2), after the words “section 69(1)” there were inserted the words “or section 77(4)”.

(2) Section 71 of the 1991 Act (representations in relation to removal or immobilisation of vehicles) shall have effect in relation to a vehicle found in the special parking area as if, for subsection (4), there were substituted the following subsection:—

(4) The grounds are—

(a) that there were no reasonable grounds for the parking attendant concerned to believe that either—

(i) the vehicle had been permitted to remain at rest in the parking place in circumstances specified in section 66(2)(a), (b) or (c) of this Act, or

(ii) the vehicle had been permitted to remain at rest in a special parking area (other than in a designated parking place) in circumstances in which an offence would have been committed in respect of the vehicle but for section 76(3) of this Act;

(b) that the vehicle had been permitted to remain at rest in the place in question by a person who was in control of the vehicle without the consent of the owner;

(c) that the place at which the vehicle was at rest was neither a designated parking place nor in a special parking area;

(d) in a case within subsection (1)(d) above, that, by virtue of an exemption given by section 70 of this Act, neither section 69 nor 77(4) of this Act applied to the vehicle at the time in question; or

(e) that the penalty or other charge in question exceeded the amount applicable in the circumstances of the case.

(3) Section 74(8) of the 1991 Act (fixing of certain parking and other charges for London) shall have effect in relation to the Royal borough of Kensington and Chelsea as if, after the words “section 69”, there were inserted the words “or section 77(4)”.

(4) Section 79(2) of the 1991 Act (application to Crown and visiting forces) shall have effect in relation to a vehicle found in the special parking area as if, for “66 and 69 to 71”, there were substituted “66, 69 to 71, 76 and 77”.

(5) Schedule 6 to the 1991 Act (parking penalties) shall have effect in relation to a vehicle found in the special parking area as if—

(a) in sub-paragraph (c) of paragraph 2(4), for the words “the parking place” there were substituted the words “the place in question”, and

(b) in sub-paragraph (d) of paragraph 2(4), the word “designation” were omitted.

Section 1

A4 between the borough boundary with the London borough of Hammersmith and Fulham and the borough boundary with the City of Westminster.

Section 2

A3212 between its junction with Cheyne Walk (A3220 section) and the borough boundary with the City of Westminster.

Section 3

A3220 between the borough boundary with the London borough of Wandsworth and the borough boundary with the London borough of Hammersmith and Fulham including—

(a) Addison Crescent from its junction with Holland Road to its junction with Addison Road;

(b) Addison Road from its junction with Addison Crescent to its junction with Warwick Gardens;

(c) Ashburnham Road from its junction with Gunter Grove to its junction with Cremorne Road;

(d) Earl’s Court Road from the north east side of its junction with Pembroke Road to its junction with Redcliffe Gardens;

(e) Edith Grove;

(f) Finborough Road;

(g) Gunter Grove;

(h) Holland Road;

(i) Pembroke Road from its junction with Warwick Gardens to its junction with Earl’s Court Road;

(j) Redcliffe Gardens;

(k) Warwick Gardens; and

(l) Warwick Road.

Section 4 Roads adjacent to A4

Ashburn Gardens between its junction with Cromwell Road (A4) and a point 15m south of that junction.

Section 5 Roads adjacent to A4

Ashburn Place—

(a) (east side) between its junction with Cromwell Road (A4) and a point 0.5m south of that junction;

(b) (west side) between its junction with Cromwell Road (A4) and a point 9m south of that junction.

Section 6 Roads adjacent to A4

Atherstone Mews between its junction with Cromwell Road and a point 1m north of that junction.

Section 7 Roads adjacent to A4

Beauchamp Place between its junction with Brompton Road (A4) and a point opposite the party wall of 61 and 62 Beauchamp Place.

Section 8 Roads adjacent to A4

Beaufort Gardens between its junction with Brompton Road (A4) and a point 5m east of that junction.

Section 9 Roads adjacent to A4

Brompton Place between its junction with Brompton Road (A4) and a point 20m east of that junction.

Section 10 Roads adjacent to A4

Brompton Road—

(a) (east side) between its junction with Thurloe Place (A4) and its junction with Egerton Gardens;

(b) (west side) between its junction with Thurloe Road (A4) and a point opposite the party wall of 224 and 226 Brompton Road.

Section 11 Roads adjacent to A4

Brompton Square—

(a) (east arm) between its junction with Brompton Road (A4) and a point 5.5m north of that junction;

(b) (west arm) between its junction with Brompton Road (A4) and a point 2.5m north of that junction.

Section 12 Roads adjacent to A4

Cheval Place between its junction with Brompton Road (A4) and a point 1m north of that junction.

Section 13 Roads adjacent to A4

Collingham Road—

(a) (east side) between its junction with Cromwell Road (A4) and a point 15m south of that junction;

(b) (west side) between its junction with Cromwell Road (A4) and its junction with Collingham Place.

Section 14 Roads adjacent to A4

Cottage Place between its junction with Cromwell Road (A4) and a point 1m north of that junction.

Section 15 Roads adjacent to A4

Courtfield Gardens between its junction with Cromwell Road (A4) and a point 7m south of that junction.

Section 16 Roads adjacent to A4

Cromwell Place between its junction with Cromwell Road (A4) and a point 5m south of that junction.

Section 17 Roads adjacent to A4

Egerton Terrace—

(a) (north side) between its junction with Brompton Road (A4) and a point 5m east of that junction;

(b) (south side) between its junction with Brompton Road (A4) and a point 6m east of that junction.

Section 18 Roads adjacent to A4

Exhibition Road—

(a) (north arm)

(i) (west side) between its junction with Cromwell Road (A4) and a point 19m north of that junction;

(ii) (east side) between its junction with Cromwell Gardens (A4) and a point 45m north of that junction;

(b) (south arm)

(i) (east side) between its junction with Cromwell Gardens (A4) and its junction with Thurloe Place;

(ii) (west side) between its junction with Cromwell Road (A4) and a point 20.5m south of that junction.

Section 19 Roads adjacent to A4

Gloucester Road—

(a) (north arm) between its junction with Cromwell Road (A4) and a point 27.5m north of that junction;

(b) (south arm)

(i) (east side) between its junction with Cromwell Road (A4) and a point opposite the party wall of 71 and 73 Gloucester Road;

(ii) (west side) between its junction with Cromwell Road (A4) and a point 28m south of that junction.

Section 20 Roads adjacent to A4

Grenville Place between its junction with Cromwell Road (A4) and a point 9.5m north of that junction.

Section 21 Roads adjacent to A4

Hans Crescent between its junction with Brompton Road (A4) and a point 8m east of that junction.

Section 22 Roads adjacent to A4

Hans Road—

(a) (north side) between its junction with Brompton Road (A4) and a point 0.5m east of that junction;

(b) (south side) between its junction with Brompton Road (A4) and a point 18.5m east of that junction.

Section 23 Roads adjacent to A4

Knaresborough Place between its junction with Cromwell Road (A4) and a point opposite the party wall of 3 and 5 Knaresborough Place.

Section 24 Roads adjacent to A4

Lexham Gardens—

(a) (west side) between its junction with Cromwell Road (A4) and a point 4m north of that junction;

(b) (east side) between its junction with Cromwell Road (A4) and a point 20m north of that junction.

Section 25 Roads adjacent to A4

Marloes Road between its junction with Cromwell Road (A4) and its junction with Pennant Mews.

Section 26 Roads adjacent to A4

Montpelier Street between its junction with Brompton Road (A4) and a point 8.5m north of that junction.

Section 27 Roads adjacent to A4

Ovington Gardens—

(a) (north side) between its junction with Brompton Road (A4) and a point 15.5m east of that junction;

(b) (south side) between its junction with Brompton Road (A4) and a point 4m east of that junction.

Section 28 Roads adjacent to A4

Queen’s Gate—

(a) (north arm)

(i) (west side) between its junction with Cromwell Road (A4) and a point 17m north of that junction;

(ii) (east side) between its junction with Cromwell Road (A4) and a point 27.5m north of that junction;

(b) (south arm)

(i) (east side) between its junction with Cromwell Road (A4) and a point 11m south of that junction;

(ii) (west side) between its junction with Cromwell Road (A4) and the party wall of 71 and 72 Queen’s Gate.

Section 29 Roads adjacent to A4

Queen’s Gate Gardens between its junction with Cromwell Road (A4) and a point 5m north of that junction.

Section 30 Roads adjacent to A4

Queen’s Gate Place Mews between its junction with Cromwell Road (A4) and a point opposite the south face of Baden Powell House.

Section 31 Roads adjacent to A4

Queensberry Place between its junction with Cromwell Road (A4) and a point 4m south of that junction.

Section 32 Roads adjacent to A4

Seville Street between its junction with Knightsbridge (A4) and a point 9.5m south of that junction.

Section 33 Roads adjacent to A4

Sloane Street between its junction with Knightsbridge (A4) and its junction with Basil Street.

Section 34 Roads adjacent to A4

Stanhope Gardens—

(a) (east arm)

(i) (east side) between its junction with Cromwell Road (A4) and a point 13.5m south of that junction;

(ii) (west side) between its junction with Cromwell Road (A4) and a point 1.5m south of that junction;

(b) (west arm) between its junction with Cromwell Road (A4) and a point 5m south of that junction.

Section 35 Roads adjacent to A4

Stanhope Mews East between its junction with Cromwell Road (A4) and a point 1m south of that junction.

Section 36 Roads adjacent to A4

Stanhope Mews West between its junction with Cromwell Road (A4) and a point 3m south of that junction.

Section 37 Roads adjacent to A4

Thurloe Place between its junction with Cromwell Gardens (A4) and its junction with Thurloe Square (west arm).

Section 38 Roads adjacent to A4

Victoria & Albert service road between its junction with Cromwell Gardens (A4) and an imaginary straight line drawn across the south face of the two ornamental lamp columns.

Section 39 Roads adjacent to A4

William Street between its junction with Knightsbridge (A4) and a point 14m south of that junction.

Section 40 Roads adjacent to A4

Yeoman’s Row between its junction with Brompton Road (A4) and a point 12m east of that junction.

Section 41 Roads adjacent to A3212

Albert Bridge between its junction with the Chelsea Embankment (A3212) and a point 20m south of a point directly over the river wall.

Section 42 Roads adjacent to A3212

Chelsea Bridge between its junction with the Chelsea Embankment (A3212) and a point 20m south of a point directly over the river wall.

Section 43 Roads adjacent to A3212

Chelsea Bridge Road—

(a) (west side) between its junction with the Chelsea Embankment (A3212) and a point 70m north of that junction;

(b) (east side) between its junction with the Chelsea Embankment (A3212) and a point 59m north of that junction.

Section 44 Roads adjacent to A3212

Cheyne Walk (centre arm) (north east side) between its junction with the Chelsea Embankment (A3212) and a point 3m west of that junction.

Section 45 Roads adjacent to A3212

Danvers Street—

(a) (west side) between its junction with Cheyne Walk (A3212) and a point 3m north of that junction;

(b) (east side) between its junction with Cheyne Walk (A3212) and a point 2.5m north of that junction.